In Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U. S. 449 ( 2007 ), the Supreme Court sustained an " as applied " challenge to provisions of the 2002 law dealing with advertising shortly before a primary, caucus, or an election.

In Federal Election Commission v. Wisconsin Right to Life, Inc., it held that certain advertisements might be constitutionally entitled to an exception from the ' electioneering communications ' provisions of McCain-Feingold limiting broadcast ads that merely mention a federal candidate within 60 days of an election.

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